86R23439 BEE-F
By: Moody H.B. No. 3530
A BILL TO BE ENTITLED
AN ACT
relating to the towing of certain property from a self-service
storage facility for disposition by a vehicle storage facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 59.001, Property Code, is amended by
adding Subdivision (4-a) to read as follows:
(4-a) "Vehicle storage facility" has the meaning
assigned by Section 2303.002, Occupations Code.
SECTION 2. Section 59.043(a), Property Code, is amended to
read as follows:
(a) The lessor's notice to the tenant of the claim must
contain:
(1) an itemized account of the claim;
(2) the name, address, and telephone number of the
lessor or the lessor's agent;
(3) a statement that the contents of the self-service
storage facility have been seized under the contractual landlord's
lien;
(4) a statement that if the tenant fails to satisfy the
claim on or before the 14th day after the date the notice is
delivered, the property may be, as applicable:
(A) sold at public auction under this subchapter;
or
(B) towed to a vehicle storage facility and
disposed of by the vehicle storage facility under Subchapter D,
Chapter 2303, Occupations Code; and
(5) a statement underlined or printed in conspicuous
bold print requesting a tenant who is in military service to notify
the lessor of the status of the tenant's current military service
immediately.
SECTION 3. Chapter 59, Property Code, is amended by adding
Subchapter D to read as follows:
SUBCHAPTER D. TOWING OF CERTAIN PROPERTY TO VEHICLE STORAGE
FACILITY
Sec. 59.051. APPLICABILITY. This subchapter applies only
to property that is:
(1) a motor vehicle, trailer, or semitrailer for which
a title or registration is required under Chapter 501 or 502,
Transportation Code;
(2) a motorboat, vessel, or outboard motor for which a
certificate of title is required under Subchapter B, Chapter 31,
Parks and Wildlife Code; or
(3) a motor vehicle, trailer, semitrailer, motorboat,
vessel, or outboard motor registered or titled outside this state.
Sec. 59.052. TRANSFER OF CERTAIN PROPERTY TO VEHICLE
STORAGE FACILITY. Notwithstanding Subchapter C, a lessor who takes
possession of property to which this subchapter applies to enforce
a lien under this chapter may transfer possession of the property
and have the property towed to a vehicle storage facility for
disposition by the vehicle storage facility under Subchapter D,
Chapter 2303, Occupations Code, if:
(1) the transfer of possession and towing is
authorized under a written rental agreement between the lessor and
tenant;
(2) the lessor gives written notice of the lessor's
claim to the tenant as required under Section 59.042(a) in the
manner prescribed by Section 59.043;
(3) the tenant fails to satisfy the claim on or before
the 14th day after the date the notice required under Section
59.042(a) is delivered in the manner prescribed by Section 59.043;
and
(4) the vehicle storage facility agrees in writing to
accept possession of the property.
Sec. 59.053. LIEN EXTINGUISHED. A lessor's lien on
property towed to a vehicle storage facility under Section 59.052
is extinguished when the property is towed from the self-service
storage facility.
Sec. 59.054. OTHER RIGHTS AND REMEDIES NOT AFFECTED.
Except as provided by Section 59.053, this subchapter does not
affect any right or remedy of the lessor at law or in equity.
Sec. 59.055. LESSOR'S LIABILITY FOR PROPERTY. A lessor is
not liable to a tenant for any damage to property that the lessor
has towed under Section 59.052 that occurs during the tow or after
the property is towed from the self-service storage facility.
SECTION 4. Chapter 2303, Occupations Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. ACCEPTANCE AND DISPOSITION OF CERTAIN PROPERTY FROM
SELF-SERVICE STORAGE FACILITY
Sec. 2303.201. DEFINITIONS. In this subchapter, "lessor"
and "self-service storage facility" have the meanings assigned by
Section 59.001, Property Code.
Sec. 2303.202. APPLICABILITY. This subchapter applies only
to property described by Section 59.051, Property Code.
Sec. 2303.203. ACCEPTANCE OF PROPERTY. A vehicle storage
facility shall accept property from a lessor who has transferred
possession of the property from a self-service storage facility to
the vehicle storage facility under Section 59.052, Property Code.
Sec. 2303.204. DISPOSITION OF PROPERTY. A vehicle storage
facility that accepts property under Section 2303.203 may dispose
of the property in the manner provided by Subchapter D for a vehicle
received by a facility as described by Section 2303.151.
SECTION 5. This Act takes effect September 1, 2019.